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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Prime News – pre-recorded BBC item reported on controversial comments by television presenter Jeremy Clarkson that striking workers should be shot – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards Findings Standard 5 (accuracy) – focus of the item was the comment made by Mr Clarkson which caused controversy – therefore not misleading to omit footage of other comments – not upheld Standard 4 (controversial issues) – item was a brief snapshot of the response to Mr Clarkson’s comments – did not amount to a discussion of a controversial issue that was of public importance in New Zealand – not upheld Standard 6 (fairness) – higher threshold for finding unfairness to public figure – Mr Clarkson was not treated unfairly – not upheld Standard 8 (responsible programming) – viewers were not disadvantaged or deceived by the clip of Mr Clarkson’s comments – not…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 65 /94 Dated the 15th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

SummaryAn item on One Network News on 31 March 1998 reported the findings of the Nursing Council following its investigation into a midwife’s management of the delivery of a baby who subsequently died. The item reported six adverse findings which the council had allegedly made on the midwife’s care and treatment. Jean O’Neil, the midwife referred to, complained to Television New Zealand Limited, the broadcaster, that the report was inaccurate and unfair because it failed to acknowledge that some of the charges were not upheld, and it portrayed her as guilty of charges on which she had been exonerated. TVNZ responded that the report was wrong on two matters of fact. It upheld the complaint and offered an on-air apology on One Network News. TVNZ wrote that it deplored the sloppy and careless reporting, and the reporter had been made aware of his failings....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Is Your House Killing You? – featured family in Queensland – father had used a substantial amount of timber treated with Copper Chrome Arsenate (CCA) for landscaping and decking – programme stated that exposure to the chemicals in CCA-treated timber could cause serious health effects – allegedly in breach of controversial issues and accuracy standards FindingsStandard 5 (accuracy) – broadcaster made reasonable efforts by relying on scientific experts – mostly expert opinion – not upheld Standard 4 (controversial issues – viewpoints) – programme did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Is Your House Killing You? was broadcast on TV One at 8pm on Friday 11 December 2009....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item looked at the government’s surplus and the likelihood of tax cuts – presenter made a comment regarding possible tax cuts – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – presenter’s statement appeared to take a position – statement was balanced by comments from the political reporter – issue of tax cuts had a long history and was well publicised – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 4 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 10 October 2007, discussed the cause and effect of the Labour-led Government’s $8. 6 billion surplus and the likelihood of tax cuts before the next election....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – use of the phrases “Prime Minister of England” and “future King of England” – allegedly inaccurateTe Karere – use of the phrase “Te Kuini o Ingarangi” instead of “Te Kuini o Aotearoa” allegedly inaccurate and in breach of law and orderOne News – use of the phrase “Queen of England” allegedly inaccurate and in breach of law and orderFindings Standard 2 – nothing in the items inconsistent with the maintenance of law and order – not upheldStandard 5 – phrase in common usage – viewers would have known who was being referred to – not upheldThis headnote does not form part of the decision. Broadcasts [1] On 8 April 2005 at 6pm, Close Up broadcast an item covering the wedding of Prince Charles and Camilla Parker-Bowles, and the funeral of Pope John Paul II....

ComplaintOne News – Item on electricity pricing to large irrigation customers – aspects confusing and inaccurate FindingsStandard 5 – inaccurate – uphold No Order This headnote does not form part of the decision. Summary [1] "Some farmers could see their bills rise more than a thousand percent" was a comment made in the introduction to an item about electricity price rises for large irrigation users in Canterbury. The item was included in One News broadcast on TV One between 6. 00–7. 00pm on Sunday 29 September 2002. [2] Orion New Zealand Ltd, through its General Manager, Commercial (Roger Sutton) complained to Television New Zealand Ltd, the broadcaster, that the comment, among others, was inaccurate. The actual price increase in electricity charges, it said, was about 25%....

SummaryThe members of the Authority have viewed the item complained about and, at TV3’s request, have viewed field footage relating to the production of the item. They have also read all of the correspondence listed in the Appendix, which includes four affidavits from Diocesan officials, including the Bishop, an article from the October 1998 North and South magazine, an affidavit from TV3’s reporter, submissions from the Diocese, the Dean, Robert Rothel and Diccon Sim in response, a final submission from TV3 and the complainants’ final responses. The Authority was asked to convene a formal hearing to determine the complaints....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – four items reporting special investigation into Ministry of Social Development’s “Community Max” projects questioned how millions of dollars had been spent – reporter visited sites of six projects – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view on the issue within the period of current interest – not upheld Standard 5 (accuracy) – very small number of minor points had the potential to be misleading – however in the context of four items which legitimately questioned government spending upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld Standard 6 (fairness) – MSD should expect that as a government Ministry it is subject to scrutiny…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Piha Rescue – episodes showed rescues involving unidentified surf schools at Piha – showed confrontation between an unidentifiable surfing instructor and lifeguards when lifeguards attempted to rescue students and instructor resisted – allegedly in breach of fairness and accuracy standards FindingsStandard 6 (fairness) – no surf school was named in 12 March episode and the narrator referred to surf schools in a general way only – Piha surf schools not treated unfairly – the Piha community and surf coaching industry are not “organisations” for the purposes of the fairness standard – 12 March episode not unfair – 19 March episode captured events accurately and fairly and footage not unfairly edited – viewers were left to make up their own minds about the incident – Mr Wallis was not identifiable – Mr Wallis’ perspective was clear from his comments that were included in the…...

Download a PDF of Decision No. 1993-085–087:Church of Scientology of New Zealand, Frater and Kershaw and TV3 Network Services Ltd - 1993-085, 1993-086, 1993-087 PDF2. 08 MB...

Summary [This summary does not form part of the decision. ] An item on 3 News: Firstline reported on the latest development in the Israeli-Palestinian conflict in the Gaza Strip. The Authority did not uphold the complaint that the item was inaccurate and unbalanced, and anti-Israel. The reporter outlined the response from Israeli government officials to the incident, and also referred to both Israeli shelling and Hamas rocket firing, indicating that both sides bore some responsibility for the latest escalation of violence. It was not materially inaccurate to refer to Sderot as being ‘on the border of Israel and Gaza’ because a caption onscreen clarified it was in Israel. Not Upheld: Controversial Issues, Accuracy Introduction [1] An item on 3 News: Firstline reported on the latest development in the Israeli-Palestinian conflict in the Gaza Strip....

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

Summary[This summary does not form part of the decision. ]During the Leighton Smith Show, presenter Leighton Smith, in relation to a headline regarding Pope Francis’ warning to then President-elect Donald Trump, ‘do not back away from UN climate pact’, said, ‘I don’t want to offend, certainly not insult, any Catholics listening, but how did you end up with this tosser? ’ The Authority did not uphold a complaint that this comment was derogatory, crude and demeaning. Mr Smith was entitled to express his opinion on the Pope’s stance on climate change and while his comment was considered offensive by the complainant, in the context of a talkback radio show, the Authority did not consider it undermined current norms of good taste and decency....

Summary[This summary does not form part of the decision. ]An episode of I Am Innocent focused on the story of Y, a science teacher, who was accused and charged with indecently assaulting a female student (‘X’) in 2012. The charges against Y were withdrawn around August-September 2013. The episode featured interviews with Y and others, all of whom spoke supportively about him. Ms Johnson complained that the broadcast breached broadcasting standards, including that comments made during the programme about X and her mother resulted in their unfair treatment. The Authority upheld this aspect of Ms Johnson’s complaint, finding that the programme created a negative impression of X and her mother....

Summary[This summary does not form part of the decision. ]An item on Nine to Noon featured a discussion of the appointment of former NZ Super Fund Chief Executive Officer (CEO) Adrian Orr, as Reserve Bank Governor. During the segment, an RNZ business commentator raised the subject of Mr Orr’s potential replacement as NZ Super Fund CEO, citing Matt Whineray, current acting NZ Super Fund CEO, as a logical replacement. The commentator stated that Mr Whineray had been NZ Super Fund Chief Investment Officer (CIO) for ‘nearly ten years’. The Authority did not uphold a complaint that this statement was inaccurate because Mr Whineray was appointed CIO in 2014. The Authority found that, as Mr Whineray’s professional experience was only raised briefly in the broadcast, the commentator’s incorrect statement was unlikely to significantly affect the audience’s understanding of the segment as a whole....

Summary[This summary does not form part of the decision. ]During a segment on The Leighton Smith Show, host Leighton Smith quoted a listener’s views on news sources such as CNN, the BBC and Newshub. Mr Smith went on to say that consumers of similar sources lived in ‘blissful ignorance’ because they did not listen to the views of ‘the other side’. The Authority did not uphold a complaint that Mr Smith’s comments were biased and dismissive towards reputable news sources. The Authority noted that, while talkback radio is not immune to broadcasting standards, the balance and accuracy standards in particular apply only to news, current affairs and factual programmes, and the accuracy standard does not apply to statements clearly distinguishable as analysis, comment or opinion....

On an episode of Simon Barnett and Phil Gifford Afternoons, an expert and the hosts made inaccurate statements about the Government’s COVID-19 economic recovery package shortly after its announcement. The Authority has not upheld a complaint that the broadcast breached the accuracy standard, finding that the broadcaster had made reasonable efforts to ensure the programme did not mislead and had promptly corrected the error. The Authority highlighted the importance of information broadcast by experts being accurate and, consequently, the importance of any errors being corrected as soon as possible. Not Upheld: Accuracy...

The Authority has not upheld a complaint about an item on 1 News which reported on the shooting of Jacob Blake by police and the subsequent protests that occurred. The complainant argued the item included false statements, and omitted relevant background information about the incident and about Mr Blake. The Authority found the statements made were not materially inaccurate and were unlikely to mislead viewers in the context, given the wide coverage and commentary available at the time. The Authority also found the omitted background information was not material to the matters reported. The Authority found the balance and fairness standards did not apply. Not Upheld: Accuracy, Balance, Fairness...